10 Wend. 603
Decided December 15, 1833
New York Supreme Court · decided 1833-12-15
The defendant pleaded his discharge as an insolvent debt- or, to which the plaintiff put in a general replication that the discharge was obtained by fraud, and accompanied the replication with a notice of the facts which he would insist upon in support thereof. The replication not being signed by counsel, the ^defendant’s attorney disregarded it, and entered the plaintiff’s default as for want of a replication, which was now moved to be set aside.
Decided 1833-12-15
¶1By the Court,
¶2A replication with notice, as put in by the plaintiff is conformable to the statute, 2 R. S. 355, ■§ 26, and is not a special pleading, within the rule or the reason of it, requiring the signature of counsel. 2 Caines, 60. 8 Johns. R. 328. Graham’s Pr. 210, and cases there died. The motion is granted.